ENVIRONMENTAL POLICIES & PRINCIPLES IN INDIA SINCE
1984-AN ANALYTICAL STUDY
A PRESENTATION BY
MOTIUR RAHMAN
LLM FINAL SEMESTER
ASSAM RAJIV GANDHI UNIVERSITY OF CO-OPERATIVE
MANAGEMENT (ARGUCOM)
SIVSAGAR, ASSAM, INDIA
“Earth provides enough to satisfy every man's needs, but not every man's greed.”
-Mahatma Gandhi
1. INTRODUCTION:
ENVIRONMENT includes Water, air and land and the inter-relationship which exists among and
between, water, air, land, and human beings, other living creatures, plants, micro-organisms and
property. Whenever our surrounding environment is sound, our health will remain always sound and
prosper and as a result from our family and village to entire Globe shall remain healthy, sound and
well2. Hence, every human being must protect and improve the environment for healthy living in the
World. Since more than five decades all the countries of the World along with India have been striving
to keep the environment worthy of living and making various legislations, statutes, Conventions,
Policies and principles as well. Since the Stockholm Conference, India has made its 42 nd Constitutional
amendment and introduced new provisions for protecting natural environment. Focussing on the
Constitutional aspect, numerous legislative steps have been taken to give effect to the significant right
of man to live in a sound environment and the corresponding duty on state and individuals to ensure
environment preservation and conservation, my endeavour, in this study, is to analyse the steps taken by
judiciary to forward this goal.
2. NEED FOR ENVIRONMENTAL LAWS
All the countries have nuclear power more or less. No Nation wants to be vulnerable instead of
showing more powerful or superpower in the world. USA caused harm of environment by
dropping nuclear bombs by airplanes on the urban communities of Hiroshima and Nagasaki,
Japan during World War II in 1945. In this techno savvy environment proximate drivers of
environmental degradation are population growth, inappropriate technology and consumption
choices, poverty, intensive agriculture, polluting industry and unplanned urbanization and Ozone
depletion and the Globe has been warming steadily and as a result, an unprecedented wildfire in
the Amazon rainforest has occurred in 2019 and more than 7,600 square kilometres of the said
region burned by October of 2019. Delhi remained the most polluted capital city globally.
The Assam Gas and Oil Leak, or Baghjan Gas Leak, is a natural gas blowout that happened
in OILs Baghjan Oilfield, Tinsukia, Assam in 2020, which environmentally damaged to the
nearby Dibru Saikhowa National Park. The impact of these environmental damage has to be
borne by the people of the world at large as environment does not have any geographical
jurisdiction. So, now the question of environmental protection is a matter of worldwide concern,
it is not confined to any country or territory.
3. THE CONSTITUTIONAL ASPECTS ON ENVIRONMENT
The Constitution of India provides a number of Directive Principles of State Policy. Until 1976
environment protection did not appear anywhere in the Constitution. However, in the 42nd amendment of the
Constitution in 1976, certain environmental provisions were introduced.
Article 48-A was added to the Directive Principles of State Policy and stated “The state shall endeavor
to protect and improve the natural environment and safeguard the forests and wildlife in the country.”
The Article 51-A (g) of Fundamental Duties states that “It shall be the duty of every citizen in India to
protect and improve the natural environment including forests, lakes rivers and wildlife and to have a
compassion for living creatures”. With this ‘Forests’ and ‘Wildlife’ were dropped from the State list in order
to incorporate in the Concurrent (Centre) list.
In Sachidanand Pandey v. State of West Bengal, 1987 AIR 1109, 1987 SCR (2) 223
The Supreme Court observed “whenever a problem of ecology is brought before the court, the court is
bound to bear in mind under Article 48A and Article 51A(g).
The Bhopal gas tragedy in 1984 had a deep impact in the minds of policy makers to deliver
comprehensive environmental legislation in 1986.
4. PUBLIC POLICIES ON ENVIRONMENT SINCE 1984 (BHOPAL GAS TRAGEDY)
4. 1. THE ENVIRONMENT PROTECTION ACT,1986
Bhopal Gas Tragedy is the worst industrial tragedy in India. In the wake of the Bhopal
Gas Tragedy, the Government of India enacted the Environment Protection Act 1986
U/A 253 of the Constitution to implement the decisions of the UN Conference on the
Human Environment held at Stockholm in June, 1972. Environmental protection and
improvement of the human environment and the prevention of lethal and hazards to
human beings, other living creatures, plants and property were the prime priority
decisions of said conference. The Act is an “umbrella” legislation designed to provide a
framework for Central Government co-ordination of the activities of various central and
state authorities established under previous laws, such as the Water Act and the Air Act.
4.2 DOCTRINES & PRINCIPLES AS PROPOUNDED BY JUDICIARY
Since the Government of India has enacted the Environment Protection Act of
1986 under Article 253 of the Constitution to implement the decisions of the
United Nations Conference on the Human Environment held at Stockholm in
June, 1972, the Hon`ble Supreme Court of India also has evolved some
remarkable doctrines and principles to give significant contributions to the
natural environment jurisprudence in India. These doctrines and principles have
been discussed along with landmark case laws below:
4.2.1 DOCTRINE OF ABSOLUTE LIABILITY
In M.C. Mehta v. Union of India, 1987 SCR (1) 819
THE BHOPAL CASE: Union Carbide Corporation v. Union of India, AIR (1989) (1) SCC 674:
AIR 1992 SC 248
The rule of Absolute liability was laid down by the Supreme Court of India in the case of M.C.
Mehta V UOI and Bhopal Gas Leak case. Where the Hon'ble Apex Court maximise the limit of rule of
Ryland V. Fletcher. The rule laid down by the SC is much wider than the rule laid down by House of
Lords.
In these cases, the court held that, where an enterprise is occupied with an inherently dangerous or a
hazardous activity and harm results to anybody by virtue of a mishap in the operation of such dangerous or
naturally unsafe movement coming about, for instance, in getaway of poisonous gas, the enterprise is
strictly and completely obligated to repay every one of the individuals who are influenced by the accident
and such risk is not subject to any exemptions. Accordingly, Supreme Court created another trend of
Absolute Liability without any exemption.
4.2.2 DOCTRINE OF SUSTAINABLE DEVELOPMENT
The term sustainable development was coined at the time of the Cocoyoc Declaration on Environment
and Development in the early 1970’s. Since then it has become a trade mark of international organization
dedicated to achieve beneficial development.
But For the first time, the doctrine of “Sustainable Development” was discussed in the Stockholm
Declaration of 1972. Thereafter, in 1987, the World Commission on Environment and Development (WCED)
submitted its report, called “Our Common Future”, which is also known as Brundtland [Link] the
prime minister of Norway chaired the commission, where in an effort was made to link economic development
and environment protection. In 1992, Rio Declaration on Environment which is regarded as a significant and a
milestone to set a new agenda and Development codified the principle of Sustainable Development.
Rural Litigation and Entitlement Kendra v. State of UP, 1985 AIR 652, 1985 SCR (3) 169
Vellore Citizen’s Welfare Forum, AIR 1996 SC 2715: (1996) 5 SCC 647
The court for the first time dealt with the issue relating to the environment and development; and held
that, it is always to be remembered that these are the permanent assets of mankind and or not intended to be
exhausted in one generation.
4.2.3 POLLUTER PAYS PRINCIPLES
“If anyone intentionally spoils the water of another … let him not only pay damages, but purify the stream or cistern which contains the water…” – Plato
The polluter pays principle (PPP) was first mentioned in the recommendation of the Organisation
for Economic Co-operation and Development (OECD) of 26th May 1972 and reaffirmed in the
recommendation of 14th November 1974. •
In the 1972 Declaration of the United Nations Conference on the Human Environment in
Stockholm the principles did not feature, but in 1992 in Rio Declaration PPP was laid down as Principle
16 of the UN Declaration on Environment and Development.
In Vellore Citizen’s Welfare Forum v. Union of India, AIR 1996 SC 2715: (1996) 5 SCC 647
The Supreme Court has declared that the polluter pays principle is an essential feature of the
sustainable development. The countries moving towards the industrial development had to face the
serious problems of giving adequate compensation to the victims of pollution and environmental
hazards. That the polluter must pay for the damage caused by him is a salutary principle evolved very
early in Europe when that continent was haunted by a new spectre, that of unprecedented pollution.
4.2.4 PRECAUTIONARY PRINCIPLE
The Supreme Court of India, in Vellore Citizens Welfare Forum Case,
developed the following three concepts for the precautionary principle:
Environmental measures must anticipate, prevent and attack the causes of
environmental degradation
Lack of scientific certainty should not be used as a reason for postponing
measures
Onus of proof is on the actor to show that his action is benign.
4.2.5 PUBLIC TRUST DOCTRINE
Indian legal system is essentially based on common law, and includes the public trust
doctrine as part of its jurisprudence. The state is a guardian of natural resources, and natural
resources are available for public for their enjoyment by nature and it cannot be changed into
private property.
In M.C Mehta v. Kamal Nath and Others, (1997) 1 SCC 388
The Supreme Court applied this doctrine for the first time in India to an environmental
problem. According to the Supreme Court, the public trust doctrine primarily rests on the
principle that certain resources like air, sea waters and forests have such a great importance to
the people as a whole that it would be wholly unjustified to make them a subject of private
ownership.
4.3. NATIONAL CONSERVATION STRATEGY & POLICY STATEMENT
ON ENVIRONMENT & DEVELOPMENT, 1992
The National Conservation Strategy and the Policy Statement on
Environment and Development are in response to the need for laying down the
guidelines that will help to weave environmental considerations into the fabric of
our national life and of our development process. It is an expression of India’s
commitment for reorienting policies and action in unison with the environmental
perspective.
It talks about the nature and dimensions of the environmental problems,
actions taken in response to the problems and lists out priorities and strategies for
action. It also views development policies from environmental perspectives and
the support policies and systems required.
4.3. POLICY STATEMENT FOR THE ABATEMENT POLLUTION, 1992
The objective of this document is to integrate environmental considerations into
decision-making at all levels. To achieve this, the document lays down steps to be taken
to prevent pollution at source, encourage, develop and apply the best available
practicable technical solutions.
The Policy Statement for Abatement of Pollution, 1992 lays emphasis on pollution
prevention in place of the conventional end-of-the-pipe treatment also identified the
adoption of best available and practicable technologies as the key element for pollution
prevention.
The focus of the various programmes and schemes of the Ministry and its associated
organizations related to pollution prevention and control is, therefore, on such issues
such as promotion of clean and low waste technologies, waste minimization, reuse or
recycling, improvement of water quality, environment audit, natural resource
accounting, development of mass based standards, institutional and human resource
development etc. The whole issue of pollution prevention and control is dealt with by a
combination of command-and-control methods as well as voluntary regulations, fiscal
measures, promotion of awareness etc.
4.4. VISION STATEMENT ON ENVIRONMENT & HEALTH
The purpose of vision document was to evolve a strategy of health-risk reduction arising from
environment pollution would help the implementing agencies to revise the environmental and industry
specific actions. Ministry of Environment and Forests (MoEF) had constituted a Committee on Environment
and Health in July, 1999 and the report was submitted in May, 2000. The Report of the “Committee on
Environment and Health” brought out issues requiring attention of various stakeholders. The “Conference on
Environmental Health” organized by Ministry of Environment and Forests in November, 2002 also brought
out thrust areas and action points that need to be implemented for protection of public health.
The environment in which we live greatly influences our health. The household, workplace, outdoor
and indoor environments may pose risks to health in a number of different ways. The poor quality of air
which we may breathe, the contaminated water we may drink and the surroundings in which we live,
determine our quality of life. While the genetic factors may also be responsible for causing diseases but the
environmental factors play much more active role in contracting various diseases. The key purpose of this
Vision Statement on Environment and Human Health is to evolve a strategy for health risk reduction. It also
offers a comprehensive approach to the environmental health management plans, which would be a
systematic approach to estimate the burden of disease and injury due to different environmental pollutants.
Therefore, the activities and programmes required to be taken up for the protection of the public health due to
environmental pollution are also given in this statement in the form of a road map.
4.5. NATIONAL
4.5 ENVIRONMENTAL POLICY, 2006
National Environment Policy 2006 is a response to India’s national commitment
to a clean environment, mandated in the Constitution in Articles 48 A and 51 A
(g), (DPSP) strengthened by judicial interpretation of Article 21.
It is recognized that the maintenance of the Healthy environment is not the
responsibility of the state alone. It is the responsibility of every Citizen and thus
a spirit of partnership is to be realized through the environment Management of
the country.
The National Environment Policy recommends principles of “Polluter Pays”
Legal Liabilities in the Policy, the Doctrine of Public Trust, Legislative Reforms,
Environment Impact Assessment, the Coastal Regulation Zone (CRZ), The
Environmentally Sensitive Zones (ESZs), Desert Habitats, Panchayats &
Women Participation, Wild life and Wetlands.
4.6. NATIONAL GREEN TRIBUNAL ACT, 2010
The National Green Tribunal has been established on October 18, 2010 under the
National Green Tribunal Act 2010 for effective and expeditious disposal of cases
relating to environmental protection and conservation of forests and other natural
resources including enforcement of any legal right relating to environment and
giving relief and compensation for damages to persons and property and for
matters connected therewith or incidental thereto. It is a specialized body
equipped with the necessary expertise to handle environmental disputes involving
multi-disciplinary issues. The Tribunal shall not be bound by the procedure laid
down under the Code of Civil Procedure, 1908, but shall be guided by principles
of natural justice.
The Tribunal’s dedicated jurisdiction in environmental matters shall provide
speedy environmental justice and help to reduce the burden of litigation in the
higher courts. The Tribunal is mandated to make and endeavour for disposal of
applications or appeals finally within 6 months of filing of the same.
4.7. ENVIRONMENTAL IMPACT ASSESSTENT (EIA), 2020
Environmental Impact Assessment (EIA) is an important management tool for
ensuring optimal use of natural resources for sustainable development.
The Ministry of Environment, Forest and Climate Change (MoEF&CC) has published
the draft Environment Impact Assessment Notification 2020, with the intention of replacing
the existing EIA Notification, 2006 under the Environment Protection Act, 1986.
The Government wants to incorporate modifications made to the regulations through
amendments in the interim period. An EIA makes a scientific estimate of the likely impacts
of a project, such as a mine, irrigation dam, industrial unit or waste treatment plant. There is
also a provision for public consultation in the rules, including a Public Participation, Post-
Clearance Compliance, Post-facto Clearance and public hearing at which the local
community and interested persons can give opinions and raise objections, based on the draft
EIA report prepared by experts for the project.
5. SUGGESTIONS
Public Awareness
GOI or its states are required to aware the people through Govt notice, hoarding, mass media,
educators, NGOs etc. Media is the fourth pillar of the popular government.
Regular Inspection
GOI & its stakeholder is required to make a policy for standard review apparatus, which can
inspect and examine periodically every one of those exercises which are threatening the
environment.
Environmental Education
A compulsory subject from primary to university level is exclusively on environment is
required which is not only necessary but a timebomb demand for the national as well as global
interest as we are in cut throat situation.
Government permission for cutting down a tree
Government of India and States should make legislation or policies that whenever a person
wants to cut down a tree, he should get the necessary permission from the authority concerned.
Hoarding & Slogan: Plant three trees for cutting down one.
6. CONCLUSION
We are in an increasingly globalized and electronic world due to rapid strides,
diffusion of the Internet as well as the digitisation of diverse activities of the
Universe has turned into a global village. The environmental issues and cybercrimes
are almost same and both does not have geographical boundary. Inasmuch
environment is not a problem of a single nation but the worldwide concern. All the
countries need to combat globally for the protection, preservation and improvement
of the environmental issues under one umbrella and be more focused in
implementation of their policies and decisions made in the international conference.
Government of India also only should not make a law or policy or principle but to be
more concern to their proper implementations as well. Now it would be prudent for
us if Government aware the people in an interval of stipulated time or
comprehensive review whether they have been properly implemented or not,
conducting some path or market drama for better understanding of the people.
THANK YOU
